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(영문) 대전지방법원서산지원 2015.07.03 2014가단51994
배당이의
Text

1. It was prepared on June 11, 2014 by the said court with respect to the case of the voluntary auction of real estate C with the Seosan District Court of Daejeon.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet with regard to D’s real estate (hereinafter “each of the instant real estate”), E completed the registration of the establishment of a mortgage on October 14, 2005, the maximum debt amount of KRW 200,000,000, the debtor D’s neighboring mortgage on October 27, 2005, the Plaintiff completed the registration of the establishment of a mortgage on the debtor D’s real estate, the registration of the establishment of a mortgage on October 27, 2005, the maximum debt amount of KRW 200,000,000, the debtor D’s neighboring mortgage amount of KRW 150,000,000, and the debtor D’s neighboring mortgage on November 16, 2009, respectively.

② On October 6, 2010, F completed the supplementary registration of the transfer of the right to collateral security on October 6, 2010 with respect to the right to collateral security under the name of E. F.

B. The Plaintiff’s claim for refund of gift certificates against D ① Meanwhile, the Plaintiff’s claim amounting to KRW 60,820,000 on July 29, 2009, which was prior to the Defendant’s establishment of the above collateral security right, was completed the provisional attachment registration on the same day upon receipt of the order of provisional attachment by Seosan Branch of the Daejeon District Court 2009Kadan1317.

② On August 20, 2009, the Plaintiff filed an application against D for a payment order claiming payment of KRW 60,820,000 for the refund of gift certificates under the Seosan Branch of Daejeon District Court 2009 tea729, which was the main lawsuit of the above provisional attachment. The Daejeon District Court 2009Kadan9104, which was performed as a result of the lawsuit following D’s objection, in the case of the claim for the refund of gift certificates, January 18, 2010, “D shall pay to the Plaintiff the amount calculated at the rate of KRW 60,820,000 and KRW 20% per annum from August 28, 2009 to the date of full payment,” which became final and conclusive on February 4, 2010.

C. Voluntary auction procedure and distribution regarding each of the instant real estate ① The Plaintiff applied for voluntary auction to Seosan Branch C of the Daejeon District Court for each of the instant real estate, and rendered a judgment of voluntary auction on May 19, 2010, and each of the instant real estate was sold in the said voluntary auction procedure.

② At the above voluntary auction procedure, the court of execution shall distribute the actual dividends on May 18, 201.

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